Don’t risk ruin by being too bullish

Taking a family legal dispute to a court hearing can be a big blow to the hip pocket, even if you win. Sometimes it pays, literally, for parties in conflict to reach a compromise.

That’s the message from Prominent Lawyers’ principal Anthony Bazouni, who advises his clients to try to resolve disputes with former partners before going to a final court hearing, rather than face a requirement to pay additional legal fees.

‘‘I tell them, ‘Look, there is an added cost to you of having us as lawyers together with a barrister before the court for days. You may want to give serious thought to compromising on your demands so as to keep costs down’,’’ Bazouni says.

The Sydney-based lawyer says that someone set on winning $500,000 from a property settlement may have to go through a three-day court case that can end up costing them $75,000-$100,000 in legal fees, including barristers’ fees and preparation work.

Even then, there’s no certainty of getting the desired result, with such variables as property valuations and cases that can turn sharply depending on answers to three or four questions.

Sometimes settling on a lower figure without going to a final court hearing is the best possible strategy for a client, says Bazouni, who has close to 20 years’ experience in practice as a lawyer.

‘‘It may not always be the result that may make them extremely happy, [but it’s the] best possible result and something they can live with,’’ he says.

‘‘Most of the time, after they’ve digested that [advice], more often than not they agree to resolve the dispute.’’

The Prominent Lawyers’ principal says there is a backlog of cases clogging the Family and Federal circuit courts, causing long delays.

This is partly due to a shortage of judges, and to difficulties in dividing complex, modern trusts. Another complicating factor is if a former partner become vindictive. Bazouni warns strongly against the temptation to use children as weapons in court battles.

He cites a recent case where a parent refused to change contact arrangements to allow the ex-partner to call their son on his birthday.

‘‘It is not fair to the child,’’ Bazouni says, adding that the courts see through such tactics.

Moreover, parents who wish to be granted more time with their children need to create the conditions at home that will satisfy the court.

‘‘For instance, they shouldn’t be working seven days a week,’’ Bazouni says.

When it comes to lawyers’ costs, judges are increasingly putting them under the microscope and factoring them into their decisions. Prominent Lawyers always emphasises transparency, Bazouni says, and advice is put in writing to clients while allowing them time to make a decision.

‘‘Our clients don’t need any more on their plate than they already have with the emotional issues they’re going through,’’ he says.